The Austrian competition authority concludes general inquiry in the highly concentrated food distribution sector while highlighting indications of strong buyer power (Branchenuntersuchung Lebensmittelhandel)

In June 2007, the Austrian competition authority (Bundeswettbewerbsbehörde; “BWB”) published its final report on a general inquiry conducted in respect of the Austrian food wholesale and retail distribution sector with special regard to the phenomenon of buying power (“Nachfragemacht”) exerted by large Austrian supermarket chains. The general inquiry had been started in early 2004, in the course of which the BWB had sent out a great number of information requests within the meaning of Sec 11a of the Austrian Competition Proceedings Act 2005 (Wettbewerbsgesetz 2005; “CPA 2005”) [cf. regarding the obligation of undertakings to reply to such requests in full, judgment of the Austrian Highest Court of Appeal in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen),

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  • European Court of Justice (Luxembourg)

Quotation

Hanns Peter Nehl, The Austrian competition authority concludes general inquiry in the highly concentrated food distribution sector while highlighting indications of strong buyer power (Branchenuntersuchung Lebensmittelhandel), 18 June 2007, e-Competitions June 2007, Art. N° 13981

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